I have just been informed by a reliable source that the AFCI has malfunctioned on two machines in some school building in St. Louis.

I still see them on the shelf at the Do-It-Yourself stores with out this required protection.

I don't know who would be enforcing this.
You don't get a permit to set up a window shaker so you are not going to see a code inspector.
I am guessing new ship window AC units are so supplied but anything manufactured before the drop dead date (the date the 2002 code was adopted in a jurisdiction) would be grandfathered in ... Or are you saying this requires all end users to throw away the unit?
Replacing the plug would void the existing listing.
I doubt a 100,000,000 ACs are going to get tossed.

This is the sort of code provision that is of little use out in the field. It is there for the benefit of manufacturers.

Without these devices, the manufacturer will not be allowed to continue using the UL lable. Units made before the code change are no affected.

Reno, the problem I see with this is the NEC has to be accepted by the AHJ. The manufacturer (in China) will have no idea which jurisdiction this will be sold in and when they actually accept the 2002 code.
This is a listing standard issue, not a code issue. We don't need more clutter in the NEC.

This is the type of rule that has no place in the NEC. This type of thing along with the vending machine GFCI rule should be in the product safety standards, not the NEC.
Don

I might even agree with narrowing the scope of the NEC....but until that happens, there are lots of parts of the code that really have little relevance to anyone but the manufacturers.
Labling instructions. Sheet metal thicknesses. Corrosion protection. Clearances.
Now, it might be a good proposal this cycle to segregate msnufacturing requirements fron the rest of the code....make it Section 10, perhaps?

This Should be a UL Requirement
Why is it in the NEC?